Harmonization of federal laws with Quebec civil law

Canadian Bijuralism

Canada is a country that boasts not only two official languages but also two legal systems: civil law in Quebec and common law in the other provinces. It is therefore a bijural country. Drawing on the advantages of each of these legal systems, Canada is a country that is rich in legal innovations and able to respond effectively to the complex problems of modern society.

In an era of market globalization, bijuralism also provides a substantial competitive edge. Eighty percent of the world’s countries are governed by legislation derived from either common law or civil law. Our practical knowledge of both legal systems helps Canada understand the legal standards, laws and institutions of countries as different from ours as Chile, Japan and France.

The Harmonization Initiative

The coming into force of the Quebec Civil Code in 1994, which replaced the Civil Code of Lower Canada, 1866, has provided the Department of Justice with the opportunity to review the conception of the co-existence of Canada’s two legal systems within federal laws.

The harmonization project involves reviewing all federal laws that deal with private law to ensure that they take into consideration the terminology, concepts and institutions of Quebec civil law.

The harmonization of federal legislation will improve the application of federal laws in Quebec, and increase the effectiveness of the courts responsible for their application. This will improve access to justice for Quebecers. It will result in fewer problems of interpretation, and make it easier for the public to understand the intention of the legislation.

The Harmonization Bill

On June 12, 1998, Anne McLellan, Minister of Justice and Attorney General of Canada, tabled in the House of Commons the Harmonization Bill (short title of A First Act to harmonize federal law with the civil law of the province of Quebec and to amend certain Acts in order to ensure that each language version takes into account the common law and the civil law).

This bill harmonizes the Federal Real Property Act, the Bankruptcy and Insolvency Act, the Crown Liability and Proceedings Act, and other statutes which relate to security and property law with the civil law of Quebec.

The bill repeals those pre-Confederation provisions of the 1866 Civil Code of Lower Canada that fall within federal jurisdiction, and replaces certain provisions with appropriate provisions on marriage that apply only in Quebec.

This bill also amends the Interpretation Act by adding rules of construction that recognize the Canadian bijural tradition and that clarify the application of the law on a suppletive basis, as well as bijural provisions in federal statutes.

Next Steps  

Since 1993, the Department of Justice Canada has reviewed approximately 700 federal laws to identify those whose content or format would be most affected by changes in the Quebec Civil Code. The Department has identified approximately 300 federal laws that will require further review over the next nine years.